KUNAL RANAWAT Vs. RATIVA JAHAN RANAWAT

JUDGEMENT

(1.) Since both the petitioners are seeking same relief, as also, common facts are involved in these petitions, hence, both these petitions were taken up together for hearing and are being disposed of by this common judgment.

(2.) The present petitions are maintained by the petitioners/applicants (hereinafter to be called as "the applicants") under Art. 227 of the Constitution of India, read with Sec. 151 of the Code of Civil Procedure, against the order dated 18.03.2017, passed in CMP No. 73-6/2017, as well as order dated 27.02.2017, passed in CMP No. 47-6/2017, wherein six months cooling off period was granted to the petitioners and the case was fixed for consideration of divorce with mutual consent on 30.08.2017.

(3.) Key facts, giving rise to the present petitions are that the applicant-husband had instituted a petition for grant of decree of divorce under Sec. 13(1) (i-a) of the Hindu Marriage Act, before learned District Judge, Bilaspur, H.P. against the applicant-wife, on account of cruelty, misbehaviour and desertion, wherein it has been mentioned that marriage between the parties has been solemnized in the year 2012 at Bilaspur, H.P. and from such wedlock, no issue was born. The respondent-wife, by filing reply to the said petition admitted the strained relation between the parties and she claimed maintenance to the tune of Rs. 75,00,000.00 for dissolving of marriage. Thereafter, both husband and wife preferred CMP No. 47/6/2017, under Order 23, Rule 3 CPC, read with Sec. 151 CPC, for converting the earlier petition (filed by the husband) under Sec. 13(1) (i-a) of the Hindu Marriage Act to a joint petition on the ground 'compromise'. Accordingly, a joint application was moved under Sec. 13(1) (b) of Hindu Marriage Act by both the parties, wherein they averred that they were living separately from each other since Feb., 2016 and there have been no cohabitation between them between this period. It has been further averred in the application that a project was offered to the husband in South Pacific Asia, but due to pendency of the present case, he is unable to accept that project. Further the said application was saddled on one time settlement arrived at between the parties, whereby the wife had claimed Rs. 75,00,000.00 (Rupees seventy five lac), as one time maintenance amount to dissolved the marriage with mutual consent and in view of the settlement, the wife shall forfeit all claims against her husband or his estate in future. In terms of said application, both the parties agreed to withdraw all their cases, including the complaint filed by the wife under Domestic Violence Act. Thereafter, on the above said application, the statements of the parties were recorded on 27.02.2017 (Annexure P-4). Though the applicants have preferred the application for conversion of the divorce petition into a petition for granting the divorce by mutual consent, on the grounds that the parties were living separately for more than six months, yet learned Court below has posted the matter after six months i.e, on 30.08.2017, as a cooling off period. After that the parties with a plea that the cooling off period has already been fulfilled by them, moved another application No. 73/6 of 2017, under Sec. 151 CPC, for recalling that order, as the matter was fixed for consideration of divorce with mutual consent after six months. However, the same was dismissed by the learned District Judge, Bilaspur, H.P. with the observations that "there is no power with this Court to waive off the period of six months, hence, there is no substance in the application". Hence the present petitions.